2010 ADA Definition
Place of Public Accommodation: Place of public accommodation means a facility operated by a private entity whose operations affect commerce and fall within at least one of the following categories –
(1) Place of lodging, except for an establishment located within a facility that contains not more than five rooms for rent or hire and that actually is occupied by the proprietor of the establishment as the residence of the proprietor. For purposes of this part, a facility is a "place of lodging" if it is – (i) An inn, hotel, or motel; or
(ii) A facility that – (A) Provides guest rooms for sleeping for stays that primarily are short-term in nature (generally 30 days or less) where the occupant does not have the right to return to a specific room or unit after the conclusion of his or her stay; and
(B) Provides guest rooms under conditions and with amenities similar to a hotel, motel, or inn, including the following – (1) On- or off-site management and reservations service;
(2) Rooms available on a walk-up or call-in basis;
(3) Availability of housekeeping or linen service; and
(4) Acceptance of reservations for a guest room type without guaranteeing a particular unit or room until check-in, and without a prior lease or security deposit.
(2) A restaurant, bar, or other establishment serving food or drink;
(3) A motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment;
(4) An auditorium, convention center, lecture hall, or other place of public gathering;
(5) A bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;
(6) A laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment;
(7) A terminal, depot, or other station used for specified public transportation;
(8) A museum, library, gallery, or other place of public display or collection;
(9) A park, zoo, amusement park, or other place of recreation;
(10) A nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education;
(11) A day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and
(12) A gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description Final Rule
A. Prior to 2010
Rulemaking in June 2008, 73 FR 34508 (June 17, 2008) (2008 NPRM), proposing comprehensive updates to the title III regulation relating to nondiscrimination on the basis of disability by public...
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Federal Documents > Preamble to Guidelines > 36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)
208 Parking Spaces
multiple parking facilities are provided on a site (208.2)
clarifying requirements for parking at residential facilities (208.2.3)
increasing the portion of accessible spaces that accommodate...
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State and Local Documents > Regulations > 36 CFR Part 1191 ADA and ABA Accessibility Guidelines for Emergency Transportable Housing Units
F202.6.5.8 Residential Dwelling Units, F202.6.5.9 Emergency Transportable Housing Units with Mobility Features, F202.6.5.10 Emergency Transportable Housing Units with Communication Features
A commercial site is a privately-owned facility containing factory-built housing that is customarily leased for a fee and that is fully equipped to accommodate emergency transportable housing...
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Regulatory Support Documents > Regulatory Impact Analyses > Final Regulatory Assessment and Final Regulatory Flexibility Analysis Final Rule - Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description
3.4.1. Captioning Hardware Unit Costs
Average (All Technologies)
$912
Source: NATO, Statement of Position on RIN 1190-AA63, CRT Docket No. 126, Nondiscrimination on the Basis of Disability by Public...
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Regulatory Support Documents > Regulatory Impact Analyses > Final Regulatory Assessment and Final Regulatory Flexibility Analysis Final Rule - Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description
3.2.2.3. High Accessibility Baseline
91.6%
36,053
* NATO, 2015 Accessibility Survey (2015) on RIN 1190-AA63, CRT Docket No. 126, Nondiscrimination on the Basis of Disability by Public...
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State and Local Documents > Codes and Standards > 2016 California Standards for Accessible Design Pocket Guide - Eff. Jan. 1, 2017
11B-604.5.2 Rear wall
Section 11B-604.5.2 is not available to accommodate bedpan flushing devices....
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State and Local Documents > Codes and Standards > 2019 California Standards
11B-604.5.2 Rear wall
Section 11B-604.5.2 is not available to accommodate bedpan flushing devices....
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Regulatory Support Documents > Analysis of Final Regulation > Appendix A to 34 CFR Part 104 - Nondiscrimination on the Basis of Handicap in Programs or Activities Receiving Federal Financial Assistance, Analysis of Final Regulation (with amendments issued through July 2017)
13. Notice
It is important that both handicapped persons and the public at large be aware of the obligations of recipients under section 504....
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Section 35.161 Telecommunications (Section-by-Section Analysis)
The Department proposes to retitle this section "Telecommunications" to reflect situations in which a public entity must provide an effective means to communicate by telephone for individuals...
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Rulemaking Process Documents > NPRMS > 28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)
Safe harbor.
As a result of this flexibility, the Department believes that the program accessibility requirement as it is codified in the current regulation may appropriately mitigate any burdens on public...
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Federal Documents > Technical Assistance > Title II Technical Assistance Manual
II-7.1200 Qualified interpreter
When an interpreter is required, therefore, the public entity should provide a qualified interpreter, that is, an interpreter who is able to sign to the individual who is deaf what is being...
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Federal Documents > Regulations > 28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description Final Rule
Section 36.303(g)(9) Operational Requirements
., 518 F.3d 153, 157 (2d Cir. 2008) (per curiam), the Second Circuit held that a public accommodation's failure to provide employee training on effective communication with individuals with...
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Federal Documents > Preamble to Standards > 36 CFR Part 1195 Standards for Accessible Medical Diagnostic Equipment - Preamble
M305.2.2 Length (Section-by-Section Analysis)
The Access Board specifically sought public input with question 19, asking if the proposed length of the transfer supports would be sufficient to facilitate transfer and maintain position...
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Federal Documents > Preamble to Regulations > 14 CFR Part 382 Nondiscrimination on the Basis of Disability in Air Travel (Air Carrier Access Act): Preamble and Section-by-Section Analysis (with amendments issued through July 2010)
What do I do if I believe that carriage of the animal in the cabin of the aircraft would inconvenience non-disabled passengers?
However, carriers should try to accommodate the wishes of other passengers in this situation, such as by relocating them to a different part of the aircraft....
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Federal Documents > Preamble to Guidelines > 36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)
Van Accessible Signage
it as removal of the requirement for van accessible spaces, others considered this designation important in encouraging car drivers to use other accessible spaces over those designed to accommodate...
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Federal Documents > Technical Assistance > Title I Technical Assistance Manual
Compliance with medical requirements of other Federal laws
However, an employer still has an obligation to consider whether there is a reasonable accommodation, consistent with the requirements of other Federal laws, that would not exclude individuals...
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State and Local Documents > Guidelines > Accessible Swimming Pools, Wading Pools and Spas - A Summary of Accessibility Guidelines for Recreation Facilities
Seats
Headrests, seat belts, and additional leg support may also enhance accessibility and accommodate a wider variety of people with disabilities....
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Federal Documents > Technical Assistance > Outdoor Developed Areas: A Summary of Accessibility Standards for Federal Outdoor Developed Areas
Running Slope [1016.7.1]
To accommodate steep terrain, ORARs may be designed with shorter sections that have a steeper running slope and length, as shown in table 3, with resting intervals at the top and bottom...
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Federal Documents > Technical Assistance > Outdoor Developed Areas: A Summary of Accessibility Standards for Federal Outdoor Developed Areas
Width of Spaces [1012.2]
Parking spaces and pull-up spaces for RVs must be at least 20 feet wide to accommodate RVs equipped with a lift (figure 27)....
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Federal Documents > Technical Assistance > Air Carrier Access Act Technical Assistance Manual (2005)
A. Complaint Procedures and Complaints Resolution Officials (CRO’s)
operating at an airport and should make that person aware of the existence of the Department of Transportation’s aviation consumer disability hotline for resolving issues related to disability accommodations...
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Rulemaking Process Documents > NPRMS > 36 CFR Part 1194 - Proposed Information and Communication Technology (ICT) Standards and Guidelines NPRM - Preamble
Chapter 6: Support Documentation and Services (Section-by-Section Analysis)
Support services would also be required to accommodate the communication needs of individuals with disabilities....
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Federal Documents > Standards > 1991 ADA Standards for Accessible Design
4.1.3(19)(b)
Such assembly areas, if (1) they accommodate at least 50 persons, or if they have audio-amplification systems, and (2) they have fixed seating, shall have a permanently installed assistive...
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Federal Documents > Technical Assistance > ADAAG Manual
Forward Reach [4.2.5]
This accommodates high and low reaches and assumes some forward bending....
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Federal Documents > Technical Assistance > ADAAG Manual
Height of Tables or Counters [4.32.4]
A height of 36 inches, where necessary to accommodate below counter appliances, may be acceptable in limited use areas such as employee breakrooms, as long as a portion of the counter is...